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Decision of Note: <b>NY Proper Forum For Suit Over BBC Documentary</b>
The U.S. Court of Appeals for the Second Circuit held that a New York-based plaintiff properly filed suit in Manhattan federal court alleging unjust enrichment and misappropriation of idea by the British Broadcasting Corp. (BBC). Gross v. British Broadcasting Corp., 03-7306. Plaintiff Pat Gross claimed that the BBC had without permission used her idea for a documentary about militant animal-rights activists that was broadcast in the United Kingdom. The district court dismissed the complaint for forum non conveniens.
Vacating and remanding, the Second Circuit noted: “The BBC has a presence in New York, and is unquestionably subject to personal jurisdiction in the Southern District [of New York]. … We have consistently held that when the plaintiff is a U.S. citizen and she selects her home forum, that choice is ordinarily entitled to substantial deference from the courts, especially when there is no challenge regarding the legitimacy of the plaintiff's motives for choosing her home forum.”
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.